Terms of Service

1. Acceptance of Terms

By accessing and using BAR POS software and services, you accept and agree to be bound by the terms and provision of this agreement.

2. Service Description

BAR POS provides point-of-sale software specifically designed for bars and restaurants, including features for:

• Tab management and order processing
• Menu and inventory management
• Payment processing
• Staff management and time tracking
• Reporting and analytics

3. Intellectual Property and License

BAR POS and its licensors retain all right, title, and interest in and to the BAR POS software and services, including all associated intellectual property rights. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the service for your internal business operations. You do not acquire any ownership interest in the software under these Terms.

If you submit feedback, suggestions, or ideas about the service, you agree that we may use them to improve BAR POS without restriction or compensation to you.

4. User Accounts and Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate and complete information
• Maintain the security of your login credentials
• Notify us immediately of any unauthorized use
• Use the service in compliance with applicable laws
• Comply with all laws applicable to your business, including alcohol licensing, age-verification, and tax remittance requirements in your jurisdiction. BAR POS provides tools that may support these processes, but you — not BAR POS — are responsible for your business's compliance with them, and we make no representation that use of the service satisfies any specific regulatory requirement.

5. Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law. We reserve the right to modify pricing with 30 days notice.

Customer card payments processed through the app — including in-person payments taken via a connected Bluetooth card reader — are processed by Stripe, a third-party payment processor. We do not store customer card numbers, expiration dates, or security codes. Card-present transactions are subject to Stripe's own terms and card network rules.

You are responsible for any chargebacks, disputes, or reversals arising from your transactions, including any fees Stripe or the applicable card network assesses in connection with them. If your account becomes past due, we may suspend your access to the service until payment is brought current.

6. Data and Privacy

Your business data remains your property. We implement industry-standard security measures to protect your data. See our Privacy Policy for detailed information about data collection and use.

7. Disclaimer of Warranties

The service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the service will be uninterrupted, error-free, or completely secure.

8. Service Availability

The service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted or error-free operation, including where interruptions are caused by third-party services we depend on (e.g. payment processing, hosting, or network connectivity). We will work to restore service promptly following any outage, but we disclaim any specific uptime commitment or service-level warranty.

We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including natural disasters, power or internet outages, acts of government, labor disputes, or outages of third-party services we depend on.

9. Termination

Either party may terminate service with written notice. Upon termination, you will have 30 days to export your data before it is permanently deleted.

If either party materially breaches these Terms, the non-breaching party may terminate this agreement if the breach is not cured within 30 days of written notice. We may suspend or terminate your access immediately, without notice, if we reasonably believe your account has been used fraudulently, poses a security risk, or is more than 30 days past due.

10. Limitation of Liability

Our liability is limited to the amount paid for the service in the 12 months preceding any claim. We are not liable for indirect, incidental, consequential, or punitive damages, regardless of the theory of liability, even if we have been advised of the possibility of such damages. These limitations do not apply to liability arising from our fraud, gross negligence, willful misconduct, or infringement of your intellectual property rights.

11. Indemnification

You agree to indemnify, defend, and hold BAR POS harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the service in violation of these Terms; (b) your violation of any law or third-party right; or (c) content or data you submit through the service. We reserve the right to assume control of the defense of any matter subject to your indemnification obligation, at your expense, and you agree to cooperate with that defense.

12. Assignment

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

13. App Store Terms

If you access the service through an app distributed via the Apple App Store or Google Play Store, this agreement is between you and BAR POS, not with Apple Inc. or Google LLC. Apple and Google are not responsible for the service or for providing any maintenance or support relating to it, and have no warranty obligations with respect to the app. Apple Inc. is a third-party beneficiary of these Terms and may enforce them against you.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the service will be resolved exclusively by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Travis County, Texas, rather than in court — except that either party may bring an individual action in small claims court, and we may seek injunctive or other equitable relief in court to protect our intellectual property or confidential information, or to collect amounts you owe under these Terms.

Arbitration will be conducted on an individual basis only. You and BAR POS agree that any arbitration will be limited to the dispute between us individually; to the fullest extent permitted by law, no arbitration will be joined or consolidated with any other arbitration, and neither party may bring a claim as a plaintiff or class member in any purported class, collective, or representative proceeding. If this class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be decided by a court of competent jurisdiction in Travis County, Texas, rather than in arbitration, and the remainder of this section will remain in effect.

15. Contact Information

For questions about these Terms of Service, contact us at legal@barpos.co